We have for review the decision of the Second District Court of Appeal in TSE Industries, Inc. v. Larson & Larson, P.A., 987 So. 2d 687 (Fla. 2d DCA 2008), in which the district court certified direct conflict with the decision of the Fourth District Court of Appeal in Integrated Broadcast Services, Inc. v. Mitchel, 931 So. 2d 1073 (Fla. 4th DCA 2006), regarding when the two-year statute of limita... More...   $0 (11-05-2009 - FL)

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOHâ€�). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...   $0 (11-04-2009 - WV)

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublicâ€� or “defendantâ€�) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More...   $0 (10-31-2009 - IL)

A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessee’s duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased... More...   $0 (10-30-2009 - AK)

The plaintiff, a bariatric surgeon who lives and practices in New Jersey, brought this diversity suit in the federal district court in Chicago. He claims to have been defamed by the defendant, another bariatric surgeon, who practices in New York. The district judge dismissed the suit without prejudice, on the ground that venue in Chicago was improper, and the plaintiff appeals. The defendant cross... More...   $0 (10-23-2009 - )

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century�) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s�) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file ... More...   $0 (10-21-2009 - ID)

Appellant First American Bank (First American or Bank) appeals a grant of summary judgment in favor of appellee First American Transportation Title Insurance Co. (FATTIC). The district court ruled that the measure of indemnity under First American’s insurance policy is limited to the amount by which the payments to the holders of the priming liens for necessaries reduced First American’s recov... More...   $0 (10-15-2009 - LA)

The plaintiff, American Family Mutual Insurance Company (American Family), filed in the circuit court of St. Clair County a complaint to enforce an arbitration award. The circuit court granted a motion to dismiss filed by the defendant, Diane Stagg, and American Family appeals. We affirm.

FACTS

Stagg entered into a contract for automobile insurance with American Family. The policy Am... More...   $0 (10-12-2009 - IL)

Warwick Towers Council of Co-Owners (the ACouncil@) (SIC - The Fourteenth District publishes its reports online with letters substituted for certain characters.), acting by and through St. Paul Fire & Marine Insurance Company, appeals from a summary judgment granted in favor of Park Warwick L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C (collectively, the AHotel Appellee... More...   $0 (10-08-2009 - TX)

¶1 Plaintiffs (“the Farmersâ€�) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOLâ€�) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the Districtâ€�). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F... More...   $0 (10-08-2009 - AZ)

This case arises out of a motor vehicle collision between Roger Anthony and Jan Stanislaw. The parties reached a settlement before a trial on the merits, and the district court dismissed without prejudice. Anthony filed a consent motion seeking dismissal with prejudice, which the district court granted. Defendants successfully moved to rescind that order under Federal Rule of Civil Procedure 60(b)... More...   $0 (10-03-2009 - LA)

Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court’s summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC’s... More...   $0 (10-02-2009 - ID)

Fabian Santiago, then 17 years old, and his two adult step-uncles Manuel and Daniel Garibay, were asked to leave a hotel property after an evening of drinking and disorderly behavior. Manuel drove the three from the hotel parking lot. Mistaking a frontage road for the freeway, Manuel rolled the vehicle while driving at approximately 80 miles per hour. Fabian suffered severe spinal injuries in ... More...   $0 (10-01-2009 - NV)

Appellants, Union Carbide Corporation and Hexion Speciality Chemicals, Inc. ("Hexion"), (1) challenge the trial court's judgment entered in favor of appellees, Oliver D. Smith and Peggy Ann Bowen Smith, after a jury trial, in the Smiths' suit against Union Carbide and Hexion arising from Oliver's exposure to asbestos and subsequent development of mesothelioma. (2) In its first issue, Union Carbid... More...   $0 (10-01-2009 - TX)

This is an appeal from summary judgment in an interpleader action in which the district court determined that respondent partnership was entitled to the proceeds from the settlement of a lawsuit against the federal government, and dismissed appellants’ damages claims against respondent law firms, who were litigation counsel in the federal lawsuit and commenced this interpleader action to resolve... More...   $0 (09-29-2009 - MN)

This case arises from a proof of claim filed by J.C. Penney Life Insurance Company (“Penneyâ€�) against the receivership for Transit Casualty Company (“Transitâ€�) pursuant to a “Reinsurance Agreement.â€� The Cole County Circuit Court entered a judgment finding that the agreement between Penney‟s predecessor in interest, Beneficial Fire & Casualty Company (BF&C), and Transit is, in fact, a... More...   $0 (09-29-2009 - MO)

¶1 Delta Equipment Industrial Systems, Inc. (“DEIâ€�) appeals the district court’s summary judgment dismissing DEI’s setoff counterclaim and ruling that DEI is in unlawful detainer of property owned by Benedict Bichler (“Bichlerâ€�). Specifically, DEI challenges the district court’s determination that (1) DEI lacked a valid basis for asserting a claim of setoff and (2) DEI’s claim of ... More...   $0 (09-29-2009 - UT)

Appellants Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc., and Beverly Enterprises Arkansas, Inc., d/b/a Beverly Healthcare-Camden, appeal a judgment of the Ouachita County Circuit Court awarding Appellee Valerie Keaton, Individually and as Administratrix of the estate of Herman Johnson, Deceased, compensatory damages for negligence and punitive damages. Appellants all... More...   $0 (09-24-2009 - AR)

U.G. Co., Inc. (U.G.) and Kamdar Global LLC (Kamdar) appeal from the district court’s summary judgment in favor of APL Co. Pte. Ltd. (APL), based on the district court’s holding APL CO. PTE. LTD. v. U.G. CO., INC. 13675 that U.G. and Kamdar have indemnification obligations to APL under the parties’ bill of lading. APL appeals from the district court’s denial of its motion for attorneys’ ... More...   $0 (09-22-2009 - CA)

In January 2004, Attorney William K. Dietz filed this action against Meisenheimer & Herron and Meisenheimer, Herron & Steele (Meisenheimer). In his complaint, Dietz alleged that he referred a bad faith insurance litigation matter involving Vital Services Company Inc. (Vital) to Meisenheimer. Dietz further alleged that Meisenheimer breached an agreement between Meisenheimer and Dietz to pay Dietz 2... More...   $0 (09-17-2009 - CA)

The trial court erred in refusing to award litigation costs to a litigant (The Vons Companies, Inc.) that prevailed on two causes of action assigned to it by the original plaintiff (Mock Ranch, Inc.) in a settlement of Mock‟s complaint against Vons. The trial court did not err, however, in denying Vons‟ motion for attorney fees under Civil Code section 1717, because the warranty on which Vonsâ... More...   $0 (09-17-2009 - CA)

The United States District Court for the Southern District of New York (The Honorable Sidney H. Stein) (the “Southern Districtâ€�) has certified to us, under Article IV, § 11(8) of the Delaware Constitution and Rule 41 of this Court,1 four questions relating to Delaware’s Escheat Statute. Those questions arose in a pending action in the Southern District brought by plaintiff, A.W. Financial S... More...   $0 (09-15-2009 - DE)

The United States District Court for the District of South Carolina presents certified questions concerning commercial general liability (CGL) insurance policies. We are asked, as an issue of first impression in South Carolina, whether the respective policies’ inclusion of an advertising injury may encompass trademark infringement. Generally, based on the policy terms before us, we answer in t... More...   $0 (09-14-2009 - SC)

We granted en banc rehearing to reconsider our precedent concerning the scope and application of federally mandated insurance for interstate commercial motor carriers. See Carolina Cas. Ins. Co. v. Yeates, 533 F.3d 1202 (10th Cir. 2008) (applying Empire Fire & Marine Ins. Co. v. Guar. Nat’l Ins. Co., 868 F.2d 357 (10th Cir. 1989)). Federal regulations require interstate trucking companies to mai... More...   $0 (09-13-2009 - UT)